Friday, February 11, 2011

MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WEDNESDAY, FEBRUARY 2, 2011 Page 1 of 12

The regular meeting of the Planning and Zoning Commission was called to order at 7:09 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Commission members were present:
Sharon Huxley, Chairman
Patricia Winer, Member, arrived at 7:25 p.m.
Mary Shurtleff, Member
Marc Adelberg, Alternate Member, arrived at 7:20 p.m., seated as a regular member
Donald Shea Jr., Alternate Member, seated as a regular member

The following Commission members were excused or absent:
Melissa Spear, Vice-Chairman
John Ford, Member
Nellie Rabinowitz, Alternate Member

Also present were:
Hiram Peck, Planning Consultant
Isabel Kearns, Zoning Enforcement Officer
Karen Hubbell, Assistant Zoning Enforcement Officer
Derrylyn Gorski, First Selectwoman


It was moved by Shurtleff and seconded by Shea to defer discussion of the minutes of January 5, 2011, to the end of the meeting. Unanimous approval.


GENERAL CORRESPONDENCE

1. Letter from Quinnipiack Valley Health District, dated January 25, 2011, Re: Review of plans for Application #2011-001 and 2011-004, 429 Fairwood Road.
2. Letter from Nancy McCarthy, Town Clerk, dated January 21, 2011, Re: Scenic Road Application #2011-003, certification of residents (who submitted statements of approval), that are qualified to vote at a town meeting.
3. Letter from TFC, David Merriam, Bethany Resident State Trooper, dated January 24, 2011, Re: Review of Sperry Road Scenic Road Application.
4. Letter from South Central Connecticut Regional Water Authority, dated January 31, 2011, Re: Review of Sperry Road Scenic Road Application.
5. Letter from Rod White, Fire Marshal, dated February 1, 2011, Re: Review of Sperry Road Scenic Road Designation Application.
6. Letter from Isabel Kearns, ZEO, to J. Bourret and E. Doering of 184 Sperry Road, dated January 19, 2011, Re: Notice of Violation at 184 Sperry Road, outdoor lighting and boarding of horses.
7. Email from Liz Doering of 184 Sperry Road, to Isabel Kearns, ZEO, Re: Lights at 184 Sperry Road.


8. Letter from Isabel Kearns, ZEO, to Elisabeth Reilly of 435 Amity Road, dated January 6, 2011, Re: Application #2011-002 Home Occupation and Sign Permit for Pediatric Parenting.
9. Letter from State of Connecticut, Connecticut Siting Council, dated January 21, 2011, Re: Public hearing pertaining to BNE Energy, Inc. petition for construction, maintenance and operation of Wind Renewable Generating facility in Prospect, Connecticut.
10. Letter from State of Connecticut, Department of Public Health to Dean Fiske, owner of 4 and 21 Meyers Road, dated January 10, 2011, Re: The Woodlands Estates, screening determination.
11. Letter from South Central Connecticut Regional Planning Commission, to Town of Prospect, dated January 14, 2011, Re: Review of proposal for Town of Prospect: Proposed Zoning Regulations Amendments to add a section to regulate wind power.
12. Email from Eugene Livshits of South Central Regional Council of Governments, dated January 27, 2011, Re: Notification of Town of Cheshire Referral.


PUBLICATIONS AND WORKSHOPS

1. Connecticut Land Use Law for Municipal Land Use Agencies, Boards, and Commissions, Saturday, March 12, 2011, Middletown, CT.
2. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Winter 2011.
3. Newsletter of the Center for Land Use Education and Research at UCONN, CLEARscapes, Winter 2011.


BILLS

1. It was moved by Shurtleff and seconded by Shea to approve the payment of $1,000.00 (monthly pro rata basis), for services rendered for January 2011, by Hiram W. Peck III, AICP, Planning Consultant.
Unanimous approval.


NEW BUSINESS

A. Discussion with Mike Okrent regarding Small Wind Energy Systems –
Mr. Okrent not present. Tabled.

B. Discussion with Tom Melina regarding 755/771 Litchfield Turnpike – Present for the discussion was Attorney Gregory J. Pepe, who was representing Thomas and Debra Melina owners of 771 Litchfield Turnpike, who were also present.

Attorney Pepe stated the owners acquired the property at 771 Litchfield through a foreclosure in 2010. Attorney Pepe stated there is a zoning issue between 771 and 755 Litchfield Turnpike. Attorney Pepe stated the owners of 771 Litchfield Turnpike were not notified when the lot line revision took place, which made the two parcels become one parcel. In

addition, Attorney Pepe stated that now by a judicial process there is a single parcel of land owned by two separate parties which has created a number of issues. Attorney Pepe stated the owners of 771 Litchfield Turnpike would like to sell the parcel and they want the owners of 755 Litchfield Turnpike to stop trespassing on their parcel.

Isabel Kearns, ZEO, would like to consult the Bethany Town Attorney and meet with Attorney Pepe at another time to discuss this matter further. Attorney Pepe to contact the ZEO.

C. Discussion regarding Large Wind Turbine Regulations –

Present for this discussion was Derrylyn Gorski, First Selectwoman. First Selectwoman Gorski stated she is present to obtain the support of the Planning and Zoning Commission pertaining to Raised Bill No. 6249 – An Act Establishing a Moratorium on the Siting of Wind Projects Until the Adoption of a Regulation so that she can present the Planning and Zoning Commission’s decision to support the bill at a public hearing tomorrow with the Connecticut Siting Council.

It was moved by Winer and seconded by Shurtleff to support the following resolution:

Whereas, Derrylyn Gorski, First Selectwoman, came before the Commission at its regular meeting of February 2, 2011, to discuss Raised Bill No. 6249 – An Act Establishing a Moratorium on the Siting of Wind Projects Until the Adoption of Regulations;

Whereas, the Bill requires:

(a) Connecticut Siting Council, in consultation with the Department of Public Utility Control and the Department of Environmental Protection, shall adopt regulations, in accordance with the provisions of Chapter 54 of the general statutes, concerning the siting of wind turbines. Such regulations shall include, but not be limited to, (1) a consideration of (A) setbacks, including considerations of tower height and distance from neighboring properties; (B) flicker; (C) a requirement for the developer to decommission the facility at the end of its useful life; (d) different requirements for projects of different sizes; (E) ice throw; (f) blade shear; and (G) impact on natural resources; and (2) a requirement for a public hearing for wind turbine projects.
(b) The Connecticut Siting Council shall temporarily suspend action on any application for siting of a wind turbine until the adoption of regulations pursuant to the subsection (a) of this section. For any wind turbine application submitted to the siting council on or before the effective date of this section, the siting council shall resume consideration of such application upon adoption of such regulations and shall allow such applicant the opportunity to satisfy the regulation requirements.




Whereas, the Commission discussed the matter and resolved that it was the consensus of the Commission to support the Raised Bill.
Voting were: Huxley, Shurtleff, Winer, Shea, Adelberg
Vote 5 to 0.
Unanimous approval.


PUBLIC HEARINGS

· 429 Fairwood Road, Application #2011-001 for a Special Exception Earth Removal, Excavation, Filling, Stockpiling & Grading Permit, Application #2011-004 for a Site Plan Review and Business and Industrial Use for storage facility/office submitted by EMG Properties LLC –

At 7:41 p.m., Chairman Huxley called to order the public hearing on Application #2011-001 and Application #2011-004. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.

Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
Exhibit 1A – Letter from Quinnipiack Valley Health District, dated January 25, 2011, Re: Review of plans for Application #2011-001 and 2011-004, 429 Fairwood Road.
Exhibit 1B – Email from Diversified Technology Consultants to Isabel Kearns, dated February 2, 2011, Re: Review of changes to site plan for 429 Fairwood Road.
Exhibit 1C – Set of plans prepared by John Paul Garcia and Associates, Bethany, Connecticut entitled as follows:
a) “Site Development Plan”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-1.
b) “Site Landscaping and Erosion Control Plan”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-2.
c) “Typical Details”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-3.
d) “Typical Details”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-4.

Present to speak on behalf of the applicant was John Paul Garcia, P.E./L.S. of John Paul Garcia and Associates.

Mr. Garcia reviewed the proposed project noting:
· That previously two parcels have been completed 437 and 443 Fairwood Road and 429 Fairwood Road is the third.
· That the detention basin has been installed and with the Inland Wetlands Commission’s approval.
· The intent of this application is to get the permits in place, do the tie in and get the pad prepped, to stabilize and the building will be built in the summer.
· That there will be no outside storage.
· That the parking will be behind the building.

Isabel Kearns, ZEO, stated she has not received any bonds for any of the properties in this development on Fairwood Road. In addition, Ms. Kearns requested the submission of architectural renderings.

In discussion, Commission members noted:
That there will be no access in the front of the building.
That there will be scrub trees along the road as a buffer.
That the applicant will be stockpiling and screening when stripping the site and using the materials to finish the site landscaping.
That the project engineer will amend the plan to add to the screening hours of operation, Monday through Friday, 8 a.m. to 5 p.m.
That as a condition of approval, a bond for erosion control measures, reclamation of the site, the landscaping of 4 trees and removal of the screener.
That the Fire Marshal needs to submit his approval.

Chairman Huxley then asked if there were any comments from the public. There were no comments.

At 8:13 p.m., Chairman Huxley closed the public hearing on the subject application.


· Sperry Road between Bethway Road and Hatfield Hill Road, Application #2011-003 submitted by Christine Silvestri

At 8:14 p.m., Chairman Huxley called to order the public hearing on Application #2011-003. The call for the public hearing was read. Chairman Huxley reviewed the complete contents of the application file.

Chairman Huxley then noted that the Commission has received the following items relative to the subject application. Exhibit identification was assigned as noted:
A. Exhibit 1A – Letter from Nancy McCarthy, Town Clerk, dated January 21, 2011, Re: Scenic Road Application #2011-003, certification of residents (who submitted statements of approval), that are qualified to vote at a town meeting.
Exhibit 1B - Letter from TFC, David Merriam, Bethany Resident State Trooper, dated January 24, 2011, Re: Review of Sperry Road Scenic Road Application.
Exhibit 1C - Letter from South Central Connecticut Regional Water Authority, dated January 31, 2011, Re: Review of Sperry Road Scenic Road Application.
Exhibit 1D - Letter from Rod White, Fire Marshal, dated February 1, 2011, Re: Review of Sperry Road Scenic Road Designation Application.
Exhibit 1E – Email from Alan Green, Director of Public Works to Isabel Kearns, ZEO, dated February 2, 2011, Re: Review of application for Scenic Road Designation.




Present to speak on behalf of this application were Frank and Christine Silvestri.
Mr. Silvestri reviewed the proposed project noting:
§ That the portion of Sperry Road north of Hatfield Hill Road and the portion that is south of Bethway Road is already designated as a scenic road and this would connect the two pieces and make the whole road scenic.
§ That signatures have been obtained from all of the abutting landowners except for one.

In discussion, Commission members noted:
§ That all the landowners to each parcel signed off.
§ That there is a greater percentage than needed of owner’s signatures for lot frontage abutting the road or portion of road proposed for designation.

Chairman Huxley then asked if there were any comments from the public. The following members of the public spoke:
A. Dennis Murphy of 248 Sperry Road - Mr. Murphy asked if the street is designated as scenic, does that have anything to do with his own property after you leave the pavement. (Chairman Huxley responded no only on the public right of way.)
B. Gerard Osgood of 270 Sperry Road – Mr. Osgood asked if the Commission could lower the speed limit. (Chairman Huxley responded you would have to take that up with the Board of Selectmen.)
C. Joanne Blanck of 270 Sperry Road – Ms. Blanck thanked Christine Silvestri for doing the work for this application.
D. Gillian Ivory of 298 Sperry Road – Ms. Ivory also thanked Christine Silvestri.

At 8:30 p.m., Chairman Huxley closed the public hearing on the subject application.


OLD BUSINESS

1) 429 Fairwood Road, Application #2011-001 submitted by EMG Properties LLC for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit - The public hearing was closed. Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved Shea and seconded by Shurtleff to approve the following resolution for Application #2011-001:

Whereas, the owner of the property, EMG Properties, LLC (William Grieger), authorized John Paul Garcia and Associates to act as the agent for this application in a letter dated December 23, 2010;

Whereas, the owner/agent applied on January 5, 2011, to the Bethany Planning and Zoning Commission for a Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit for site work associated with the development of 429 Fairwood Road;


Whereas, the applicant proposes to disturb 1.086 acres, including the filling of 3,380 cubic yards of material in conjunction with the development of this lot;

Whereas, the Commission held a public hearing on February 2, 2011, on this application (#2011-001) in conjunction with the site plan application (#2011-004);

Whereas, the Commission closed the public hearing at the conclusion of testimony on February 2, 2011;

Whereas, the Commission at its regular meeting of February 2, 2011, considered the plans, testimony and other pertinent application information associated with this Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading application for the site development of 429 Fairwood Road;

Now Therefore, the Commission makes the following findings of fact and decision regarding this application:

1) The property is not located with a Public Water Supply Watershed Area.
2) The Commission received Inlands Wetlands Permit #1157 for approval of a new building, septic, well, driveway, parking and associated drainage 429 Fairwood Road;
3) The Commission received a letter dated January 25, 2011, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District which states “… the minimum requirements of the appropriate sections of the Connecticut Public Health Code were observed for the proposed 9,000-square foot commercial storage building”.
4) The Commission discussed with Isabel Kearns, ZEO, that she verbally had a conversation with Roderick White, Fire Marshal, who indicated that he had no issues with regard to this application.

Now Therefore Be It Resolved, that pursuant to Section 8 of the Bethany Zoning Regulations, amended to June 10, 2010, the Bethany Planning and Zoning Commission approves the Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading Permit for the development of 429 Fairwood Road, as presented in the application and in association with the testimony given, based on the following submitted plans prepared by John Paul Garcia and Associates, Bethany Connecticut:
a) “Site Development Plan”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-1.
b) “Site Landscaping and Erosion Control Plan”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-2.
c) “Typical Details”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-3.
d) “Typical Details”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-4.




and with the following conditions:

1) Roderick White, Fire Marshal, must provide a letter of approval.
2) A bond for erosion control measures, reclamation of the site, the landscaping of four (4) trees and removal of the screener must be received prior to the issuance of a building permit and/or site work. Said bond shall be in an amount acceptable to town engineer and in a form acceptable to town attorney.
3) Prior to commencement of work, the ZEO shall inspect and approve ALL erosion control measures.
4) The screening of earth materials associated with this permit shall only occur on the days and times specified, as specified in the Earthwork Narrative, Not 8.5 D-5 found on Sheet C-2.
5) There shall be no burial of stumps on property.
Voting were: Huxley, Shurtleff, Winer, Shea, Adelberg
Vote 5 to 0.
Unanimous approval.

2) 429 Fairwood Road, Application #2011-004 for a Site Plan Review and Business and Industrial Use for storage facility/office – The public hearing was closed. Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved Winer and seconded by Shurtleff to approve the following resolution for Application #2011-004:

Whereas, the owner of the property, EMG Properties, LLC (William Grieger), authorized John Paul Garcia and Associates to act as agent for this application in a letter dated December 23, 2010;

Whereas, the owner/agent applied on January 5, 2011, to the Bethany Planning and Zoning Commission for site plan approval to construct a 9,000 square foot commercial building including associated site work and for a New Use Permit for a storage facility and office located at 429 Fairwood Road;

Whereas, the Commission held a public hearing on February 2, 2011, for this Site Plan and New Use application (#2011-004) in conjunction with the public hearing for the Special Exception Earth Removal, Excavation, Filling, Stockpiling and Grading application (#2011-001);

Whereas, the Commission closed the public hearing at the conclusion of testimony on February 2, 2011;

Whereas, the Commission also at its regular meeting of February 2, 2011, considered the plans, testimony, statement of use and other pertinent application information relating to this Site Plan Approval for a commercial 9,000-square foot building including associated site work and for a New Use Permit for a storage facility and office at 429 Fairwood Road;


Now Therefore, the Commission makes the following findings of fact and decision regarding this application:
1) The property is not located with a Public Water Supply Watershed Area.
2) The Commission discussed with Isabel Kearns, ZEO, that she verbally had a conversation with Roderick White, Fire Marshal, who indicated that he had no issues with regard to this application.
3) The Commission received Inlands Wetlands Permit #1157 for approval of a new building, septic, well, driveway, parking and associated drainage at 429 Fairwood Road.
4) The Commission received a letter dated January 25, 2011, from Lynn Fox and Leslie Balch of Quinnipiack Valley Health District which states “… the minimum requirements of the appropriate sections of the Connecticut Public Health Code were observed for the proposed 9,000-square foot commercial storage building”.

Now Therefore Be It Resolved, that pursuant to Section 5.2A for the Site Plan Approval and Section 5.1A for the New Use Permit of the Bethany Zoning Regulations, amended to June 10, 2010, the Bethany Planning and Zoning Commission approves the site plan approval to construct a 9,000- square foot commercial building including associated site work and the New Use Permit for a storage facility and office located at 429 Fairwood Road, as presented in the application, including the statement of use and testimony and based on the following submitted plans prepared by John Paul Garcia and Associates, Bethany Connecticut:
a) “Site Development Plan”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-1.
b) “Site Landscaping and Erosion Control Plan”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-2.
c) “Typical Details”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-3.
d) “Typical Details”, dated October 7, 2010, revised to December 13, 2010, Drawing No. C-4.

and with the following conditions:

1) Roderick White, Fire Marshal, must provide a letter of approval.
2) A bond for erosion control measures, reclamation of the site, the landscaping of four (4) trees and removal of the screener must be received prior to the issuance of a building permit and/or site work. Said bond shall be in an amount acceptable to town engineer and in a form acceptable to town attorney.
3) Prior to commencement of work, the ZEO shall inspect and approve ALL erosion control measures.
Voting were: Huxley, Shurtleff, Winer, Shea, Adelberg
Vote 5 to 0.
Unanimous approval.


3) Sperry Road Between Bethway Road and Hatfield Hill Road, Application #2011-003 submitted by Christine Silvestri for a Scenic Road Designation – The public hearing was closed. Isabel Kearns, ZEO, prepared a draft resolution. Commission members discussed and proceeded to deliberate. It was moved Winer and seconded by Adelberg to approve the following resolution for Application #2011-003:

Whereas, Application #2011-003 was received by the Planning and Zoning Commission at their regular meeting on January 5, 2011, from Christine Silvestri requesting that the section of Sperry Road between Bethway Road and Hatfield Hill Road be designated as a scenic road pursuant to Section 168 of the Code of the Town of Bethany; and

Whereas, a hearing was held at the regularly scheduled Planning and Zoning Commission meeting on February 2, 2011, for said application and subsequently closed at the conclusion of testimony that same evening; and

Whereas, a letter dated January 24, 2011, from Resident State Trooper, Dave Merriam, reported that the designation of Sperry road to a scenic road will not result in any potential traffic problems;

Whereas, a letter dated February 1, 2011, from Roderick White, Fire Marshal, was received indicating that he had no concerns regarding this application; and

Whereas, an email dated February 2, 2011, from Alan Green, Public Works Director, to Isabel Kearns was received indicating he had no concerns regarding the application; and

Whereas, at the regular meeting of the Planning and Zoning Commission held on February 2, 2011, the Commission carefully reviewed the application materials, exhibits and testimony; and

Whereas, the application materials, exhibits and testimony introduced during the hearing substantiates the application meets the designation criteria contained in Section 168-2B(1), (2), (3) of the Code of the Town of Bethany and that all of the characteristics enumerated in 168-2B(4)(a) through (g) of the Code are associated with the subject section of Sperry Road.

Now therefore Be It Resolved, that the Bethany Planning and Zoning Commission hereby approves the designation of Sperry Road between Bethway Road and Hatfield Hill Road, as a scenic road pursuant to Section 168 of the Code of the Town of Bethany.
Voting were: Huxley, Shurtleff, Winer, Shea, Adelberg
Vote 5 to 0.
Unanimous approval.







4) Discussion regarding Outdoor Wood Burning Furnaces –

Hiram Peck, Planning Consultant, submitted a draft proposed ordinance concerning outdoor wood-burning furnaces. Mr. Peck suggested to the Commission to have a discussion with the Board of Selectmen on this matter and obtain public involvement. Isabel Kearns, ZEO, to prepare and submit letter to Board of Selectmen. Tabled.

5) Discuss increasing application fees – Tabled.

6) Bethany Volunteer Fire Department revised Water Source Specifications – Tabled.

7) Discuss Architectural Reviews – Tabled.

8) Proposed Town of Bethany Noise Control Ordinance – Tabled.

9) Update on Halter Estates – Tabled.



APPROVAL OF MINUTES

It was moved by Shurtleff and seconded by Shea to defer the approval of the minutes of the January 5, 2011, regular meeting until the next regular meeting on March 2, 2011. Unanimous approval.


ZONING ENFORCEMENT OFFICER’S REPORT AND APPROPRIATE COMMISSION ACTION

Isabel Kearns, ZEO, stated the Commission needs to schedule a public hearing on the proposed amendments to the Aquifer Protection Area Regulations as recommended by the State of Connecticut, Department of Environmental Protection, in a letter dated November 23, 2010. The Commission scheduled a public hearing date of April 6, 2011, at the next regular meeting.



It was moved by Shea and seconded by Adelberg to adjourn the regular meeting at 8:59 p.m. Unanimous approval.

Respectfully submitted,


Antonia R. Marek, Clerk
For the Planning and Zoning Commission